Whitewater woes: paddling through the river rental business can be challenging for any agency.

In 2000, Melanie and her friend wanted to enjoy the Fourth of July holiday with an adventure on the Clinton River in Michigan. Melanie rented a sit-upon kayak from a local outfitter on the river and was having the time of her life. Like most of the public who may visit a river once or twice a year, she placed her trust in the knowledge and expertise of the canoe and kayak livery on the river, that was contracted by the local park district to provide a safe and enjoyable experience for the public.

Melanie was having a good time on the Clinton until she rounded a sharp bend in the river. Directly in her path was a tree stuffed with debris that created a deadly strainer (an opening where water can flow through, but a solid object can not). On this day, the force of the water generated by the river, flowing almost three times its normal summer flow, forced her to the outside of the bend and toward this strainer. She overturned and the swift water quickly swept her into the strainer where, like the debris that was impaled on it, she too was entrapped and quickly drowned.

Melanie never knew what happened to her. The livery didn't know either. In the lawsuit that ensued, depositions revealed that the livery had little or no knowledge of rivers and of river dynamics. Its employees didn't have a gauge on the river with which to determine flows, and they knew nothing about river hazards such as strainers. Unlike true professionals, they didn't read any magazines on canoeing and they had never taken a course to learn more about their sport.

By contracting the canoe and kayak service to the livery, the local park authority protected itself by transferring liability to the livery. Although protected in the lawsuit, such agencies share some of the blame because they didn't establish a contract with their vendor that resulted in a knowledgeable and reasonably safe operation. In addition, as the contractor, the agency didn't have the knowledge to realize that the livery was acting in a substandard manner.

Unfortunately, in this case, the consumer was the ultimate loser because the livery operation is now closed, and the park and recreation authority is no longer providing a service to the public on a hot Fourth of July day. In summary, this case represents a scenario that every park and recreation agency wants to avoid.

The lure of the water will continue to attract more than 32 million participants annually, many who are novice or inexperienced paddlers like Melanie. With many of the paddling opportunities on public lands, there is a unique opportunity for a public-private partnership with federal, state or municipal park and recreation agencies that are interested in adding paddlesports activities to their menu of outdoor offerings within their jurisdiction.

Whether the agency is a direct provider or contracts the service to a private livery, it still needs to be knowledgeable about the practices of the industry to enhance public safety. The objective is simple--the agency wants to provide an enjoyable, but safe experience. Reducing and managing risks prevents accidents as well as ensures program longevity.

The unique nature of a partnership between private liveries and a public park and recreation agency is that service to the user is strengthened by the partnership. Many park and recreation agencies have parkland and facilities adjacent to major waterways, and they wisely contract out the livery service to a private contractor.

This usually provides better service to the public--the private sector is motivated to provide exceptional service using up-to-date equipment, while also focusing attention on its business that includes risk management for its customers. Next, by subcontracting the service, the agency can allocate its resources to other programs because the private contractor is providing the livery service. Subcontracting to a private contractor can also help insulate the agency in case of a lawsuit.

For the park and recreation agency, the formula to protect itself and the public is relatively simple. First, identify the potential risks and then take steps to avoid, reduce or manage them. Many of these risks are specific to the environment and involve river levels and water hazards. Other risks are typical of any operation such as reviewing staff and administrative practices. Next, the agency wants to act in a manner that is consistent with the common practices within the livery industry because in a lawsuit, it will be judged in comparison to others.

If the livery is operating on a river, it is critical that the agency understand the impact of water levels and water hazards on the activity. First, it is important to determine the flow of the river. The agency should have a gauge present on the water that provides an accurate reading of the height of the river in feet. In turn, the height of the river is directly related to the flow in cubic feet per second of the river, the velocity of the water and the general difficulty of the river.

"The exposure to risk and the level of skill required to safely paddle increases as the water level and the speed of the current fluctuates," American Canoe Association (ACA) member Dale Briggs says. "Outfitters need to establish and consistently follow standards that take these changes into account."

Hence, important decisions regarding when to cut off livery operations and when to limit access to more experienced paddlers becomes directly linked to the gauge readings. In addition, most liveries and outfitters tie the gauge reading to a posted interpretive message that informs the user about the relative dangers present. Often this is a chalkboard that gives the river level, the river conditions and any limitations on types of craft. In Melanie's case, there was not a gauge present with which to determine the flow of the river, there was no signage present to inform the users of when the water was dangerously high, and the pre-launch staff briefing never mentioned the numerous strainers that she would encounter on her trip.

Livery operations need to be aware of the effect of river flows on the potential safety of their paddlers. According to Charlie Walbridge, safety commissioner for ACA, this can be a tough situation for all involved. "There are these strange currents affecting [paddlers] that they really don't understand," he says. "They may be banged over rocks. Their gear is floating away from them and they are chasing it. They are worried about their rental deposit. They are worried about losing their paddle. The situation can really get out of control."

Most fatalities occur not at flood levels, but at moderate flows well below flood level. Melanie's fatality occurred at almost three times the normal summer flow, but the river was well within its banks. The river looked swifter than usual, but it didn't look dangerous. The water wasn't over the banks and into the trees, and there wasn't excessive debris floating down the river--a clear sign that the river is dangerous. People normally associate these flooding characteristics with the river being dangerous. The river had none of these characteristics, yet it still proved to be deadly.

This data is consistent with the findings of a major study conducted on the Potomac River in Maryland that found that most fatalities occur at moderate water levels. For example, normal flows during the summer on the Potomac were one foot on the gauge, but flood level was 16 feet. However, 71 percent of the fatalities occurred at a seemingly benign water level between three and six feet where the river was well within its banks and looked quite normal. For a public that visits the river only once or twice annually, the user has little or no understanding of the dangers of these moderate flows. It is important for the livery and the agency to understand the impact of flows on boater safety, and to develop protocols that protect their customers and their agency.

Along with the flow of the river, it is also important to determine hazards and then remove them or modify the activity to avoid them. On a river, undercut rocks are a hazard that can easily entrap a victim. Trees that have fallen into the water on the outside of a river bend create strainers that can easily ensnare and kill a victim. Strainers and undercut rocks need to be identified, removed or avoided. Low head dams look exciting, yet they are so efficient at killing that they are referred to as the "drowning machine." The livery needs to make sure that it warns users of any low head dams on the river. In the case of a low head dam, it needs to provide adequate signage and/or warning buoys in the water to indicate where the hazard is located, and the livery also needs to provide a portage trail for the boater to avoid the hazard.

The public agency should obtain and use the National Livery Safety System (NLSS) as a starting point. It provides a self-study process that helps the agency develop a risk management plan. For example, NLSS suggests that the staff should be evaluated on their safety responsibilities, and they should inform participants of safety issues during the pre-launch presentation before they take their trip. This could include anything from how to put on a lifejacket, to the temperature of the water, which Pamela Dillon from Ohio Department of Natural Resources-Watercraft says is something not everyone knows. "If someone comes to paddle on a nice warm sunny day in springtime, they don't realize how cold the water is going to be. We need to make sure that they are aware of that condition because it is not obvious," she says.

NLSS also suggests that canoes, kayaks, lifejackets and other equipment should be appropriate for the activity. Then the agency needs to conduct a periodic safety inspection of its equipment that includes a periodic maintenance and replacement schedule. If the agency is contracting these services to a local livery, it needs to ensure that the livery is performing these functions. In addition, membership in an association such as Professional Paddlesports Association (PPA) helps keep the agency informed and up-to-date on common practices, because the agency is directly linked to the livery industry.

If the public agency provides more adventure-oriented activities than those provided by the resource-based liveries, it should consider using AEE Accreditation standards. Its self-study process is useful in focusing the agency on determining the common practices within the outdoor adventure industry. The self-study process is quite useful to the agency even if it doesn't seek formal accreditation.

Second, the public agency or livery should seek out local expertise. The ACA can provide local recreation and park agencies with people who have regional and national expertise who can assist the agency in assessing their waterway. The local canoe club can assist in checking the waterway and identifying potential hazards. If there is a major flood or other natural event that might have changed the characteristics of the river, have them paddle and assess the river again. In addition, some rivers like the Delaware River in Pennsylvania and New York have a river patrol, where paddlers patrol the river and assist neophytes.

Third, when writing a Request for Proposal or Request for Quotation for the operation of a livery service on public recreation and parkland, the agency should consider some key questions in its proposal (see sidebar on page 37). First, the agency needs to determine if there are qualified private sector providers willing to be engaged in a partnership with the public agency. In addition, the relationship should result in a reasonable return on investment for the livery.

In developing a mutual relationship with the vendor, there should be a reasonable time frame for the livery to amortize the costs of its operations. At contract renewal time, there should be specific criteria negotiated with the vendor to ensure appropriate performance and if the contract is a renewal, there should be an opportunity to correct deficiencies in performance prior to the contract renewal or termination.

In contracting services, the public agency should check to make sure that the livery is following standard practices such as:

* The agency should ensure that the livery has an appropriate insurance program in place.

* It should have a waiver of liability and assumption of risk document that has been approved by its attorney and its insurance company.

* The staff should affiliate with a professional organization that offers risk management and other professional development courses.

* The staff should certify themselves in first aid, CPR, rescue and paddling.

* The livery needs to comply with existing laws and regulations including lifejackets, use of alcohol, transport, vehicle maintenance and other requirements.

* The agency should consider requiring the livery to show the eight-minute NLSS video to customers.

In conclusion, the objective of any recreation and park agency is to provide enjoyable experiences that are reasonably safe. Whether the agency provides this service directly to the public or by subcontracting the service through a vendor, the objective is still the same. Walbridge says, "Some people believe that rivers are like Disneyland. The canoes go down attached on cables. Liveries need to tell them that it is a different type of experience."

Had the canoe livery and the park authority mentioned in the beginning of the article performed some of the items outlined here, there is a good chance that they would still be operating a canoe livery business on the Clinton River today. In addition, both parties would still be providing a valuable service to young adults in search of an adventure or simply trying to cool off on a hot summer day. People like Melanie have a need to go paddling somewhere with some degree of safety.

A CHECKLIST TO ASSESS YOUR LIVERY OPERATIONS

[check]    1. Is there an admitted insurance program in place?
[check]    2. Is staff affiliated with a professional organization
              offering risk management and other professional
              development courses and training?
[check]    3. Is there a waiver of liability and assumption of risk
              document, and does it have attorney and insurance
              approval?
[check]    4. Are staff certified in first aid, CPR, rescue and
              paddling?
[check]    5. Is the eight-minute NLSS (National Livery Safety System)
              video viewed by livery customers?
[check]    6. Is there compliance with Personal Flotation Device
              regulations?
[check]    7. Is there compliance with applicable alcohol, transport,
              vehicle maintenance and other requirements?
[check]    8. Are there qualified private sector providers willing to
              be engaged in a partnership with the public agency that
              results in a reasonable return on investment to the
              livery?
[check]    9. Are there specific criteria negotiated between the
              agency and livery to ensure that a quality service is
              provided and to ensure appropriate performance of the
              vendor at contract renewal time? Also, is there a
              reasonable time frame for an investor to amortize
              the costs of operations as well as to correct any
              deficiencies in performance prior to contract renewal
              or termination?
[check]   10. Is there an appeals mechanism for disputes between the
              public agency and livery?

RIVER RESOURCES

#1. National Livery Safety System--Introduction to Risk Management for Livery Operators

As its name suggests, this publication provides a practical step-by-step approach to risk management for livery operators. It is written from the perspective of liveries, for liveries.

Available from: The American Canoe Association, 7432 Alban Station Blvd, Suite B-226, Springfield, Va., 22150; [phone].

#2. American Whitewater Affiliation Code

Codified in 1959 and revised in 1989, the code provides a good overview of the guidelines for running rivers. Although it is geared toward private boaters, it is a valuable resource for understanding river hazards and common practices.

Available from: The American Canoe Association, 7432 Alban Station Blvd, Suite B-226, Springfield, Va., 22150; [phone].

#3. Manual of Accreditation Standards for Adventure Programs

You don't have to seek accreditation, but the self-study process that it contains asks the right questions. This document is particularly good for programs that are more adventure-based than liveries.

Available from: Association for Experiential Education, 2305 Canyon Blvd, Suite 100, Boulder, Colo., 80302.

#4. River Canoeing and Canoe Camping Wallcharts

The livery needs to create a milieu of information that educates and warns the river user. The wall charts are posted by many canoe liveries and provide education regarding common boating practices.

Available from: The American Canoe Association, 7432 Alban Station Blvd, Suite B-226, Springfield, Va., 22150; [phone].

#5. Boating Fundamentals

Covers a lot of principles and practices that are necessary for the beginning boater.

Available from the NRPA bookstore, this book is a hands-on learning tool. [phone].